Logo An Amazon Concertation

Proposal

Revoke the Support Programme for the Development of Artisanal and Small-Scale Mining.

Problem

Assertive discussions and decisive actions regarding mining activities are vitally important for the conservation of the Amazon Forest. This is also important for maintaining and expanding sustainable economic activities in the regions that comprise it. Currently, destructive techniques for environmental extraction, such as illegal mining, are legitimised and have an extensive social base, as they are an alternative for the livelihood of some low-income sectors. Furthermore, key players for the inspection and operation of the products from these activities are far removed from that local reality, making control even more challenging.

Goals

This Executive Order initially proposes that two federal decrees – Decree No. 10.965/2022 and Decree No. 10.966/2022 be revoked, as well as that Decree No. 9.406/2018 be amended. It also sets forth a positive agenda emphasising the distinction between formal economic activities and their very distinct counterparts with respect to illegal mining. The offense is considered from its social aspect, with acknowledgement of the affected parties, while seeking to provide economic alternatives. There is also the possibility of restructuring the National Mining Agency to once again include civil society in critical decisions for environmental protection.

Main axe

environment

ADMINISTRATIVE SPHERES OF COMPETENCE

federal

Key Actors

Federal Government
States
Municipalities
Civil society
Local communities

Resources needed

Allocation of existing financial resources
Allocation of existing human resources

steps

01
Executive Order
02
03
04
100 dias
05
VISION FOR THE FUTURE
Revoke decrees No. 10.965/2022, No. 10.966/2022, and No. 9.406/ 2018.
Survey the population affected by the elimination of illegal extractive activities.
Support Bill No. 5.490/2020 and Bill No. 5.131/2019.
Call for more active intervention by the Cen- tral Bank and by securities dealers/broker- age companies (DTVMs).
Reorganise the ANM.
Stimulate activities that contribute to environmental preservation.

Basic applicable legislation

Brazilian Federal Constitution of 1988 - Articles 20, 21, 174 and 176.

Law No. 13.575/2017 - Created the National Mining Agency (ANM).

Law No. 9.605/1998 – Environmental Crime Law.

Decree No. 10.965/2022 - Amends Decree No. 9.406, of June 12, 2018, which regulates Decree-Law No. 227, of February 28, 1967, Law No. 6.567, of September 24, 1978, Law No. 7.805, of July 18 of 1989, and Law No. 13.575, of December 26, 2017.

Decree No. 10.966/2022 - Establishes the Support Programme for the Development of Artisanal and Small-Scale Mining and the Interministerial Committee for the Development of Artisanal and Small-Scale Mining.

Decree No. 9.406/2018 – Regulates Decree-Law No. 227, of February 28, 1967, Law No. 6.567, of September 24, 1978, Law No. 7.805, of July 18, 1989, and Law No. 13.575, of December 26, 2017.

Bills of Interest

Bill No. 5.131/2019 - Provides for the required documentation for the transport of gold and changes the penalties for illegal transport of gold.

Bill No. 5.490/2020 - Created the National Plan for the Eradication of Mercury Contamination, among other provisions.

RELATED PROPOSALS

Blockchain, traceability and monitoring of Brazilian gold
Instituto Escolhas
https://concertacao.com/G96F

Eliminate good-faith transactions, monitor gold imports from Brazil, digitise all processes and documents, approve Bill 836/2021, and remove benefits to mining.

Brazil 2045: building an environmental powerhouse
Observatório do Clima
https://concertacao.com/3red

Expand and tighten controls through the availability and use of public data and the integration of different inspection, monitoring and tracking systems, exports included.

Withdraw Bill No. 191/2020 (mining in indigenous lands), submitted to the Chamber of Deputies, from the Brazilian National Congress; and immediately resume the ongoing land demarcation and land ti- tling processes.

Governing in order not to hand over: a Multidimen- sional Security agenda for the Brazilian Amazon
Instituto Igarapé e Fórum Brasileiro de Segurança Pública
https://concertacao.com/r78k

Ensure traceability and control of the economic supply chains that affect deforestation in the Amazon by: (i) strengthening the National Mining Agency (ANM); (ii) using intelligence and information systems for traceability and transparency of supply chains; and (iii) revoking Law No. 12.844/2013, among others.

get to know the other proposals as well
Acai
Land use planning and land tenure
1

Restore spaces of social participation and control within the scope of the Federal Government for monitoring and evaluating food security and nutrition policies.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Acai
Food Security and Nutrition
2

Reinstate the National Council for Food Security and Nutrition (CONSEA) within the scope of the government bodies under the President’s office and its Ministries.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

provisional presidential decree
Abiu
Infrastructure
3

Qualify infrastructure projects in the Brazilian Legal Amazon for the Investment Partnerships Programme (PPI), bringing forward in the decision-making timeline the assessment of socio-environmental impacts.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
Jarina
Mining
5

Establish new parameters for purchasing, selling and transporting gold within the country.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

provisional presidential decree
ucuuba
Land use planning and land tenure
6

Form a committee to carry out technical, legal and operational feasibility studies to integrate real estate and land registries.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
ucuuba
Land use planning and land tenure
7

Create an Interministerial Working Group to formulate a National Land Governance Policy and a National Land Development Plan.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Urucum
Public Security
8

Prioritise a tactical and operational programme in Public Security within the scope of the Interstate Consortium for Sustainable Development of the Legal Amazon.

Esferas administrativas de competência
State

Main axis

Social

Type of draft

Seringueira
Economy
9

Reinstate the Bolsa Verde cash transfer Programme, prioritising families living in extreme poverty in forest areas of the Brazilian Legal Amazon.

Esferas administrativas de competência
Federal

Main axis

Economic

Type of draft

executive order
Andiroba
Health care
10

Integrate data from the Health Information System for Indigenous Peoples (SIASI) to the Health Information System for Primary Care (SISAB) and to other Unified Healthcare System (SUS) information systems at a national level.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Andiroba
Health care
11

Create a Working Group focused on health in the Brazilian Legal Amazon.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Sumaúma
Education
12

Prioritise the allocation of resources from the Fund for Universalisation of Telecommunications Services (FUST) to projects that serve traditional communities and smallholder farmers, in particular to public education and health care facilities.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

resolution
Castanha-da-Amazônia
Governance
13

Create the State Secretariat for Climate Emergency, directly under the President’s Office.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

provisional presidential decree
Caroba
Cities
14

Develop technological alternatives for decentralised sewarage solutions in special, rural and peri-urban areas.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

Bill